Queensland’s Olympic legislation ‘oversteps constitutional bounds’

The Queensland government has been accused of overstepping constitutional bounds with laws to block potential legal challenges to its Olympic venue rollout.

Victoria Park protesters at the Howard Smith Wharves for the announcement of the Brisbane Olympics 2032 venues. Picture: Josh Woning

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The Queensland Bar Association has accused the Crisafulli government of overstepping constitutional bounds after introducing laws to block potential legal challenges to its Olympic venue rollout.

Top Queensland barrister Cate Heyworth-Smith fronted a parliamentary committee examining the laws on Tuesday and said they could be challenged as unconstitutional as state legislation cannot override the role of the courts.

“Aside from the breathtaking dismantling on the rights of individuals, this appears very much to be a challenge to the institutional integrity of the Supreme Court by state legislation,” Ms Heyworth-Smith. “It would be unsurprising to this committee with respect that there is High Court authority which may be called in aid of having that legislation struck down.”

Queensland Bar Association president Cate Heyworth-Smith.

The legislation was presented by the Liberal National government last month to override council and state planning laws to ensure the $7.1bn rollout of ­venues ahead of the 2032 Olympic Games.

Strong opposition has emerged against several venues, including the central stadium at Brisbane’s Victoria Park.

The Bar Association president added that the “hazily ­drafted criteria” would only prolong legals action rather than prohibit it. “The provision will not achieve the purposes or ­objectives which it is said to be enacted –  it will have the almost inevitable effect of creating more and longer litigation, ­rather than the opposite,” Ms Heyworth-Smith said.

The 1990s ruling by the High Court of Australia in the matter off Kables v the NSW Director of Public Prosecutions underpins the question of constitutionality. The decision quashed NSW legislation effectively designed to keep a man convicted on manslaughter imprisoned despite serving his sentence, as it was “constitutionally invalid” due to state Supreme Courts carrying federal judicial power.

An artist’s impression of Brisbane Stadium in Victoria Park for the Brisbane 2032 Olympics.

Instead, Ms Heyworth-Smith recommended the establishment of a dedicated “Olympics court”, whose purpose would be to expedite legal challenges to the venues plan.

It was suggested it be modelled on the Court of Disputed Returns, which hears challenges to election results.

“It has been the experience of history that when the rule of law is not present to provide a mechanism for independent resolution of disputes, humans find some other way to do it, and it is rarely peaceful,” she said.

“While the proposed provision has practical difficulties … they must not be allowed to distract from the fundamental proposition that the rule of law must not be a casualty in the battle for efficient development infrastructure. It should be instead viewed as a key driver of it.”

The Games Independent Infrastructure and Coordination Authority requested a mechanism to ensure the timely delivery of its 2032 delivery plan, unveiled by Premier David Crisafulli in March.